IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of Decision: 13.10.2025 Neeru Khullar and another .......... Petitioners Versus Rekha Jhanji Brar .......... Respondent CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA Present: Mr. Viren Jain, Advocate for the petitioners-tenants Mr. Aayush Gupta, Advocate and Mr. Abhishek Chaudhary, Advocate for the respondent-landlady.

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HARKESH MANUJA, J. (ORAL)

The petitioners-tenants, by way of present revision petition, seek setting aside of an order dated 19.07.2023 (Annexure P-7) passed by the Court of learned Rent Controller, Ludhiana, whereby an application under Order 6 Rule 17 of the Code of Civil Procedure, 1908 (for brevity “CPC”) preferred at the instance of respondent-landlady with a prayer for amendment of eviction petition, was allowed.

[2] Briefly stating, an eviction petition invoking Section 13 of The East Punjab Urban Rent Restriction Act, 1949 (for short “1949 Act”) came to be preferred at the instance of respondent-landlady against the petitioners-tenant qua property No. B-XIX-601, Malerkotla House, Cemetry Road, Ludhiana on the ground of non-payment of rent. Relevant para-2 from the eviction petition dated 07.11.2017 is extracted hereunder:-

“2. That the petitioner had let out the property as detailed in the head note of the petition along with the, furniture including one Dinning table with 10 chairs, one double, bed, one office table with 8 chairs, one desk, one shetty set, three wooden raks and a dressing table to the respondents on a monthly rent of Rs.38,000/-.The respondents were to pay an additional sum of Rs.10,000/- for the use of three furniture as detailed above and also two air conditions, 19 ceiling fans, one geyser, three exhaust fans, two wall Ifans fans. Therefore, the total rent to be paid by the respondent is Rs.48,000/- besides electricity charges, water and sewerage charges and also property tax and other day to day repairs and maintenance of the property in question is to be borne out by the respondents on 1.8.2015. The terms and conditions of tenancy was reduced into, writing vide writing dated 26.8.2015 executed by the respondents. The petitioner vide its kabuliyat dated 26.8.2015 accepted the said terms and conditions of the tenancy. Hence there exists a relationship of landlord and tenant between the parties. The petitioner has locus standi to file the present petition.”

[3] Upon appearance, the petitioners-tenants moved an application under Order 7 Rule 11 CPC with a prayer for rejection of the eviction petition on the ground that as per the pleadings therein, it was averred that the tenancy was dated 01.08.2015 and therefore, the eviction petition under the provisions of the 1949 Act was not maintainable as with effect from 30.11.2013, the Punjab Rent Act, 1995 (hereinafter referred to as “1995 Act”) had come into existence and thus, the eviction petition against the tenants was required to be preferred under the provisions of the 1995 Act. While the application under Order 7 Rule 11 CPC, preferred at the instance of petitioners, was under consideration before the learned Rent Controller, an application under Order 6 Rule 17 CPC with a prayer for seeking permission to amend the eviction petition came to be filed at the instance of respondent-landlady; and in the said application, the amendment sought for was to the following effect:-

“ Initially, the property in dispute along with furniture and fixture had been given on rent to the respondent on 01.10.2013 vide oral agreement with possession and the tenancy was to start with from effect 01.10.2023. Memorandum of terms of oral agreement of tenancy was reduced into writing on 08.11.2013. Thereafter, the tenancy was continued and only the rent was enhanced from time to time. Thus, the tenancy has started with effect from 01.10.2013. Copy of memorandum is attached herewith.”

[4] The aforesaid application preferred by the respondent- landlady was opposed at the instance of petitioners-tenants, however